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STATE FARM FIRE & CAS. CO. v. PRINZ

No. 11-1265.

743 S.E.2d 907 (2013)

STATE FARM FIRE & CASUALTY COMPANY, Petitioner v. Robin Skinner PRINZ, the Personal Representative of the Estate Of Kyle Hoffman, Jr., Respondent.

Supreme Court of Appeals of West Virginia.

Decided May 21, 2013.

Attorney(s) appearing for the Case

E. Kay Fuller, Esq. , Martin & Seibert, L.C., Martinsburg, WV, for the Petitioner.

Stephen G. Skinner, Esq. , Skinner Law Firm, Charles Town, WV, Timothy P. Bosson , PHV, Simms Showers, LLP, Leesburg, VA, for the Respondent.

BENJAMIN, Chief Justice:

The instant case is before the Court upon the appeal of State Farm Fire & Casualty Company ("State Farm"), Petitioner, from a June 13, 2011, judgment order and an August 4, 2011, order denying its motion to alter or amend verdict or for a new trial. State Farm alleges that the Circuit Court of Jefferson County erred in (1) applying the Dead Man's Statute, W. Va.Code § 57-3-1 (1937), and prohibiting the jury from considering testimony...

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